CITY OF HAWAIIAN GARDENS AGENDA CITY COUNCIL SUCCESSOR AGENCY RDA

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1 CITY OF HAWAIIAN GARDENS AGENDA CITY COUNCIL SUCCESSOR AGENCY RDA MAYOR I CHAIRMEMBER HANK TRIMBLE MAYOR PRO TEM I VICE CHAIRMEMBER BARRY BRUCE COUNCILMEMBER I DIRECTOR REYNALDO O. RODRIGUEZ COUNCILMEMBER I DIRECTOR MYRA MARAVILLA COUNCILMEMBER I DIRECTOR MARIANA RIOS REGULAR MEETINGS TUESDAY. MARCH AT 6:00 P.M.

2 AGENDA CITY OF HAWAIIAN GARDENS CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 14, 2017 AT 6:00 P.M. Meeting Location: Gardens, California. City Council Chambers, Pioneer Boulevard, Hawaiian ADA Information: The City of Hawaiian Gardens complies with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact the City Clerk's Department at (562) , at least one (1) business day prior to the meeting so that we may accommodate you. Bilingual Information: Anyone needing a Spanish bilingual interpreter for ORAL COMMUNICATION ONLY, please contact the City Clerk's Department at (562) , at least one (1) business day prior to the meeting so that we may accommodate you. PLEASE TURN OFF CELL PHONES DURING THE MEETING. CALL TO ORDER INVOCATION FLAG SALUTE GIRL SCOUTS OF AMERICA TROOP NO ROLLCALL MAYOR MAYOR PRO TEM COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER HANK TRIMBLE BARRY BRUCE REYNALDO RODRIGUEZ MYRA MARAVILLA MARIANA RIOS PRESENTATIONS AND PROCLAMATIONS PRESENTATION OF CITY VIDEO OF SPECIAL EVENTS. PRESENTATION OF GIRL SCOUT COOKIES TO THE CITY COUNCIL, AND CERTIFICATE OF APPRECIATION TO GIRL SCOUT TROOP NO. 923, AND CELEBRATING 100 YEARS OF GIRL SCOUT COOKIE SALES. PRESENTATION OF A PROCLAMATION TO THE AMERICAN RED CROSS PROCLAIMING MARCH 2017 AS "AMERICAN RED CROSS AWARENESS MONTH," AND CELEBRATING 100 YEARS OF SERVICE. CITY COUNCIL AGENDA REGULAR MEETING MARCH 14, 2017 PAGE 1 OF 4

3 ORAL COMMUNICATIONS -ITEMS ON AND NOT ON THE AGENDA This is the time reserved for members of the public wishing to speak on items on and not on the agenda, except for public hearing items. This period will be limited to three (3) minutes per speaker, maximum time allocated is fifteen (15) minutes. Upon conclusion of Oral Communications, the City Council, or City Staff, at the direction of the Mayor, may respond to any questions or statements that were presented by members of the public. The City Council is prohibited by law from discussing or taking any action. ORAL PRESENTATION AND UPDATE BY ABC UNIFIED SCHOOL DISTRICT (ABCUSD) TRUSTEE AND PRESIDENT CHRIS APODACA. A. PUBLIC HEARING - NONE B. ORDINANCES 1. CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 571, TO AMEND SECTION OF CHAPTER 2.04 OF THE HAWAIIAN GARDENS MUNICIPAL CODE SYNCHRONIZING THE CITY'S GENERAL ELECTION WITH THE STATEWIDE ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EACH EVEN-NUMBERED YEAR COMMENCING IN NOVEMBER ORDINANCE NO. 571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION OF CHAPTER 2.04 OF THE HAWAIIAN GARDENS MUNICIPAL CODE SYNCHRONIZING THE CITY'S GENERAL ELECTION WITH THE STATEWIDE ELECTIONS ON THE FIRST AFTER THE FIRST MONDAY IN NOVEMBER OF EACH EVEN-NUMBERED YEAR COMMENCING IN NOVEMBER COUNCIL ACTION: Conduct first reading, read by title only, and introduce Ordinance No Authorize the City Attorney to prepare a summary for publication. C. CONSENT CALENDAR- Items listed on the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, that item may be removed from the Consent Calendar and will be considered separately. 1. ADOPT RESOLUTION NO , TO APPROVE PRE-ISSUED WARRANTS AND REGULAR WARRANTS IN THE AMOUNT OF $170, CITY COUNCIL AGENDA REGULAR MEETING MARCH PAGE 2 OF 4

4 C. CONSENT CALENDAR (CONTINUED) RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING PRE-ISSUED WARRANTS AND REGULAR WARRANTS IN THE AMOUNT OF $170, COUNCIL ACTION: Waive further reading and adopt Resolution No ADOPT RESOLUTION NO , TO SUPPORT THE ABC UNIFIED SCHOOL DISTRICT IN PROVIDING CHILDREN EQUAL ACCESS TO EDUCATION, REGLARDLESS OF IMMIGRATION STATUS AND CITIZENSHIP. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SUPPORTING THE ABC UNIFIED SCHOOL DISTRICT IN PROVIDING CHILDREN EQUAL ACCESS TO EDUCATION, REG LARD LESS OF IMMIGRATION STATUS AND CITIZENSHIP. COUNCIL ACTION: Waive further reading and adopt Resolution No ADOPT RESOLUTION NO , TO APPROVE AN AGREEMENT BETWEEN THE CITY OF HAWAIIAN GARDENS AND THE SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT BOARD (SELACO WIB) TO CONDUCT A SPRING FISCAL YEAR "EARN AND LEARN" WORK EXPERIENCE PROGRAM AND TO AMEND THE FISCAL YEAR BUDGET TO INCLUDE THESE FUNDS. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF HAWAIIAN GARDENS AND THE SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT BOARD TO CONDUCT A SPRING FISCAL YEAR "EARN AND LEARN" WORK EXPERIENCE PROGRAM AND TO AMEND THE FISCAL YEAR BUDGET TO INCLUDE THESE FUNDS. COUNCIL ACTION: Waive further reading and adopt Resolution No CITY COUNCIL AGENDA REGULAR MEETING MARCH 14, 2017 PAGE 3 OF 4

5 C. CONSENT CALENDAR (CONTINUED) 4 PRESENTATION OF MINUTES: FEBRUARY 21,2017 FEBRUARY 28, 2017 FEBRUARY 28,2017 SPECIAL MEETING, SPECIAL MEETING; AND REGULAR MEETING. COUNCIL ACTION: Approve the minutes as presented. D. DISCUSSION ITEMS 1. CONSIDERATION OF DONATIONS TO THE LOCAL HAWAIIAN GARDENS SCHOOLS FOR SCIENCE CAMP AND ATTENDANCE INCENTIVES. COUNCIL ACTION: Council directive. 2. A REQUEST FROM THE COMMUNITY DEVELOPMENT DEPARTMENT TO AUTHORIZE THE PREPARATION OF PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE REPLACEMENT OF EXISTING SKATEPARK MODULARS AND OTHER IMPROVEMENTS AT CLARKDALE PARK, LOCATED AT 22008, HAWAIIAN GARDENS, CA COUNCIL ACTION: Council directive. E. NEW BUSINESS F. ORAL COMMITTEE REPORT(S) G. ORAL STAFF REPORTS H. ORAL COUNCIL REPORTS I. CLOSED SESSION J. ADJOURNMENT Adjourn to the next Regular City Council meeting to be held on Tuesday, March 28, 2017 at 6:00 p.m. CITY COUNCIL AGENDA REGULAR MEETING MARCH 14, 2017 PAGE 40F 4

6 AGENDA CITY OF HAWAIIAN GARDENS SUCCESSOR AGENCY RDA REGULAR MEETING TUESDAY, MARCH 14, 2017 AT 6:00 P.M. Meeting Location: California. City Council Chambers, Pioneer Boulevard, Hawaiian Gardens, ADA Information: The City of Hawaiian Gardens Successor Agency RDA complies with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact the City Clerk's Department at (562) , at least one business day prior to the meeting so that we may accommodate you. Bilingual Information: Anyone needing a Spanish bilingual interpreter for ORAL COMMUNICATION ONLY, please contact the City Cler O.k's Department at (562) , at least one (1) business day prior to the meeting so that we may accommodate you. PLEASE TURN OFF CELL PHONES DURING THE MEETING. CALL TO ORDER ROLLCALL CHAIRMEMBER VICE CHAIRMEMBER DIRECTOR DIRECTOR DIRECTOR HANK TRIMBLE BARRY BRUCE REYNALDO RODRIGUEZ MYRA MARAVILLA MARIANA RIOS ORAL COMMUNICATIONS -ITEMS ON AND NOT ON THE AGENDA This is the time reserved for members of the public wishing to speak on items on and not on the agenda, except for public hearing items. This period will be limited to three (3) minutes per speaker; maximum time allocated is fifteen (15) minutes. Upon conclusion of Oral Communications, the Agency Board, or Staff, at the direction of the Chair, may respond to any questions or statements that were presented by members of the public. The Agency Board is prohibited by law from discussing or taking any action on items presented during Oral Communications that are not on the agenda. A. PUBLIC HEARINGS - NONE B. CONSENT CALENDAR-Items listed on the Consent Calendar are considered routine and will be enacted by one motion and one vote, There will be no separate discussion of these items. If discussion is desired, that item may be removed from the Consent Calendar and will be considered separately. 1. ADOPT RESOLUTION NO TO APPROVE PRE-ISSUED WARRANTS AND REGULAR WARRANTS IN THE AMOUNT OF $3, SUCCESSOR AGENCY RDA AGENDA REGULAR MEETING MARCH 14, 2017 PAGE 1 OF 2

7 B. CONSENT CALENDAR (CONTINUED) RESOLUTION NO A RESOLUTION OF THE SUCCESSOR AGENCY RDA OF THE CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING PRE ISSUED WARRANTS AND REGULAR WARRANTS IN THE AMOUNT OF $3, AGENCY ACTION: No Waive further reading and adopt Resolution 2. PRESENTATION OF MINUTES: FEBRUARY 21, 2017 FEBRUARY 28,2017 FEBRUARY 28,2017 SPECIAL MEETING, SPECIAL MEETING; AND REGULAR MEETING. AGENCY ACTION: Approve the minutes as presented. C. D. E. F. G. H. DISCUSSION ITEMS NEW BUSINESS CLOSED SESSION ORAL STAFF REPORTS ORAL AGENCY REPORTS ADJOURNMENT Adjourn to the next Regular Successor Agency RDA meeting to be held on Tuesday, March 28, 2017 at 6:00 p.m. SUCCESSOR AGENCY RDA AGENDA REGULAR MEETING PAGE 20F 2 MARCH

8 CITY OF HAWAIIAN GARDENS CITY COUNCil STAFF REPORT P. 1 Agenda Item No.: ~B-~1~ Meeting Date: 3/14/2ffi7 City Manager: ~ TO: Honorable Mayor and Members of the City Council THROUGH: Ernie Hernandez, City Manager.. FROM: Arnold Alvarez-Glasman, City Attorney DATE: March 14,2017 SUBJECT: California Senate Bill 415 "Voter Participation" and Introduction of an Ordinance Aligning the Timing of the City's General Municipal Elections to the Required Statewide Election Date SUMMARY Senate Bill 415 (SB 415) signed by the Governor on September 1, 2015, amended California's Elections Code (EC) pertaining to municipal election dates, which mandates all General Law cities to consolidate the local elections, for city council members and other officials with statewide elections, DISCUSSION On September 1, 2015, Governor Brown signed into law SB 415 (Exhibit A), which prohibits local governments, beginning January 1, 2018, from holding an election on any date other than on a statewide election date if doing so has resulted in voter turnout being at least 25% below the average turnout in that jurisdiction in the previous four statewide general elections. Pursuant to Elections Code (EC) Section 1001, statewide election dates are recognized to occur in June and November of each even-numbered year. The public policy behind SB 415 was to address waning civic engagement in politics as illustrated by declining voter turnout in federal, state, and municipal elections, The legislative analysis asserts that one major contributing factor to low voter turnout - the timing of elections - could be addressed by synchronizing municipal elections with statewide elections. The Public Policy Institute of California surveyed 350 California cities and found that moving municipal elections to coincide with statewide elections could result in a 20-36% boost in voter turnout The City of Hawaiian Gardens ("City") general municipal elections are now held in November of odd-numbered years to elect five members of City Council, with staggered terms. Pursuant to EC Section 10403,5(b) the City Council may increase or decrease any terms of office by not more than 12 months. In accordance with SB 415, the City Clerk's Office has conducted an analysis of voter turnout (Exhibit B) and has determined that the City will be required to coordinate future elections with the statewide general elections date.

9 P. 2 Statewide Primary Elections vs. Statewide General Elections The City Clerk's Office has further analyzed voter turnout at statewide primary elections held in June versus statewide general elections held in November (Exhibit C) and determined there is a significant increase in voter turnout at statewide general elections. Moreover, since the City's current elections are held in the month of November, synchronizing the City's elections with the November statewide general election provides some continuity with the current election schedule and will likely result in greater voter participation, which is consistent with the intent of SB 415. Therefore, it is recommended that the City Council choose to synchronize with statewide general elections held in November of each even-numbered year, Los Angeles County and Limitation on Election Consolidation EC Section 1301 (b)(1) requires that a City Council enacted ordinance to consolidate with a statewide election date be subject to approval by the Los Angeles County Board of Supervisors (Supervisors). The legislative analysis points out that existing law (EC Section ) allows the Supervisors to deny a request for consolidation with a statewide election, if the voting system used by the Registrar cannot accommodate the additional election. The Registrar has previously expressed concern that its voting system could accommodate only a limited number of contests at each election and that moves by cities to consolidate with statewide elections would exceed the capacity of its voting system. The Registrar has recently unveiled a new voting system, with sufficient technical and physical capacity to accommodate the influx of consolidations with local districts and municipalities, however, the voting system is not anticipated to be available for use until Registrar staff has started work on preparing a preliminary consolidation impact analysis to determine if there are any ballot capacity issues or technological concerns with the City's potential move to the November 2018 election cycle. Registrar staff has stated that recent requests by municipalities and school districts have been approved for consolidation, noting that several of these requests were a result of lawsuit settlements or will become operative in 2020 to coincide with the launch of the new voting system. CONCLUSION At the February 28, 2017 meeting, the City Council directed staff to begin synchronization of the City's general municipal elections to statewide election dates of November in even numbered years, beginning with the statewide election date of November 2018 and fully synchronized by November 2020, in accordance with California Senate Bill 415. Attached for first reading and introduction is an ordinance to effectuate the synchronization of the City's general municipal elections with the even-year statewide election dates, starting in November 2018 by amending the election date established under Hawaiian Gardens Municipal Code Section , "Municipal Elections," moving the City's General Municipal Election date to the first Tuesday after the first Monday in November of even-numbered years beginning in November FISCAL IMPACT

10 The fiscal impacts associated with this item are unknown at this time. Election costs vary based on the number of agencies consolidating in a particular election, number of candidates, number of polling sites, etc. It is possible that election costs could decrease as more jurisdictions are required to consolidate with statewide elections. P.3 RECOMMENDATION It is recommended that-the City- Council introduce the--attached ordinance for first reading and direct staff to begin synchronization of the City's general municipal elections with statewide election dates in November of even numbered years, beginning with the statewide election date of November 2018 and fully synchronized by November 2020, in accordance with California Senate Bill 415. ATTACHMENTS Exhibit-A - Bill Text-- SB415 "Voter- Participation"-and Legislative Analysis- Exhibit B - Voter Turnout at Statewide and General Municipal Elections Exhibit C - Voter Turnout at Statewide June and November Elections Exhibit D - SB 415 Ordinance

11 . Bill Text - SB-415 Voter participation. Page 1 of2 P. 4 - Home ~..... ~ : LEGISLATIVE INFORMATION Bill Information California Law other Resources My Subscriptions My Favorites 5B-415 Voter participation. ( ) SHARE THIS: II II.. Senate Bill No. 415 CHAPTER 235 An act to add Chapter 1.7 (commencing with Section 14050) to Division 14 of the Elections Code, relating to elections. [ Approved by Governor September 01, Filed with Secretary of State September 01,2015. J 56415, Hueso. Voter participation. LEGISLATNE COUNSEL'S DIGEST Existing law generally-requires all state, county, municipal, dlstrlct l and school district elections be held on an established election date, ExistIng law also establlshes certain dates for statewide elections. Existing law requires any state, county, municipal, district, and schoo! district election held on a statewide election date to be consoudated with a statewide election, except as provided. This blh, commencing January 1, 2018, would prohibit a political subdivision, as defined, from holding an election other than on a statewide election date If holding an election on a nonconcurrent date has previously resulted In voter turnout for a regularly scheduled election in that political subdivision being at least 25% Jess than the average voter turnout within the political subdivision for the previous 4 statewide general elections, except as specified. This bill would require a court to Implement appropriate remedies upon a violation of this prohibition. The bill would authorize a voter who resides In a polltlcal- subdivision wher-e a violation Is alleged to file an action In superior court to enfarce this prohibition, and It would.allow a prevalllng plaintiff other than the state. or political subdivision to collect a reasonable attorney's fee and litigation expenses, as provided, Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 1. 7 (commencing with Section 14050) Is added to DiVision 14 of the Elections Code, to read: CHAPTER 1.7. Voter Participation ThIs chapter shall be known and may be Cited as the California Voter Participation Rights Act As used In this chapter: (a) "Political subdivision" means a geographic area of representation created for the provision of government services, Including, but not limited to, a city, a schoo! district, a community college district, or other district organized pursuant to state law. IfacesfbillTextClient.xhtrnl?bill_id= SB415 2/1/2017

12 Bill Text - SB-415 Voter participation. (b) "Significant decrease In voter turnout" means the voter turnout for a regularly scheduled electron In a political subdivision 15 at least 25 percent les5 than the average voter turnout within that polltrcal subdivision for the previous four statewide general elections. (c) "Voter turnout" means the percentage of voters who are eligible to cast ballots within a given political subdivision who voted (a) Except as provided In subdivision (b)r a political subdivision shall not hold an election other than on a statewide election date If holding an election on a nonconcurrent date has previously resulted In a significant decrease In voter turnout. (b) A political subdivision may hold an election other than on a statewide election date if, by January 1, 2018, the political subdivision has adopted a plan to consolidate a future election with a statewide election not later than the November 8, 2022, statewide general electron Upon a finding of a violation of subdivision -(a) of Section 14052, the court shall implement appropriate remedies, Including the ImpositIon of concurrent election dates for future elections and the upgrade of voting equipment or systems to do so. In ImposIng remedies pursuant to this section, a court may also require a county board of supervisors to approve consolidation pursuant to Section In an action to enforce subdivision (a) of Section 14052, the court shalt allow the prevailing plaintiff other than the state or political subdivision of the state, a reasonable attorney's fee consistent with the standards established In Serrano v. Priest (1977) 20 Cal.3d 25, 48-49/ and litigation expenses Including, but not limited to, expert witness fees and expenses as part of the costs, A prevailing defendant shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation A voter who resides In a political subdivision where a violation of subdivision (a) of Section Is alleged may fhe an action pursuant to that section in the superior court of the county In which the political subdivision Is located This chapter does not apply to special elections This chapter shall become operative on January 1, 2018, SB415 2/1/2017

13 P. 6 SB415 Page 2 Existing Jaw: 1) Provides that the following dates are "established election dates": a) The second Tuesday of April in each even-numbered year; b) The first Tuesday after the first Monday in March of each odd-numbered year; c) The frrst Tuesday after the frrstmonday in June in each year; and, d) The frrst Tuesday after the frrst Monday in November in each year. 2) Requires all state, county, municipal, district, and school district elections to be held on an established election date, except as specified. Provides that the following types of elections, among others, are not required to be held on an established election date: a) Any special election called by the Governor; b) Elections held in chartered cities or chartered counties in which the charter provisions are inconsistent with state election laws; c) School governing board elections conducted pursuant to specified provisiqns of Jaw; d) Elections required or permitted to be held by a school district located in a charter city or county when the election is consolidated with a regular city or county election held in a jurisdiction that includes 95 percent or more of the school district's population; e) County, municipa~ district, and school district initiative, referendum, or recall elections; f) Any election conducted solely by mailed ballot pursuant to specified provisions of Jaw; and, g) Elections held pursuant to specified provisions of Jaw on the question of whether to authorize school bonds. 3) Requires a general Jaw city to hold its general municipal election on an established election date or on the second Tuesday in April of each oddnumbered year, except as specified.

14 P. 7 SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) Fax: (916) SB 415 UNFlNISHED BUSINESS Bill No: Author: Amended: Vote: SB 415 Hueso CD), et al. 6/23/15 21 SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 4/21115 AYES: Allen, Hancock, Hertzberg, Liu NOES: Anderson SENATE FLOOR: 24-13,5/7/15 AYES: Allen, Beall, Block, De Leon, Gl1lgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk NOES: ~-I1derson, Bates, Berryhil~ Cannella, Gaines, Huff, Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak NO VOTE RECORDED~ Fuller, Liu ASSEMBLY FLOOR: 45-30,7/16/15 - See last page for vote SUBJECT: Voter participation SOURCE: Author DIGEST: This bill prohibits a local government, beginning January 1, 2018, from holding an election on any date other thana statewide election date if doing so in the past has resulted in turnout that is at least 25 percent below the average turnout in that jurisdiction in the last four statewide general elections, as specified Assembly Amendments permit a political subdivision to continue to hold elections on dates other than statewide election dates after January 1,2018, notwithstanding the provisions of this bill, if the political subdivision adopts a plan not later.than January 1,2018, to consolidate future elections with the statewide election not later than the November 8, 2022, statewide election. ANALYSIS:

15 P.8 SB 415 Page 3 4) Requires a school district, community college district, or county board of education to hold the regular election to select governing board members on the first Tuesday after the first Monday of November in each odd-numbered year, or at the same time as the statewide direct primary election, the statewide general election, or the general municipal election, except as specified. 5) Requires the general district election held to elect members of the governing board of a special district to be held on the first Tuesday after the first Monday in November of each odd-numbered year, unless the principal act of the district provides for the general district election to be held on a different established election date, or on an established mailed ballot election date, as specified. Permits a special district to adopt a resolution requiring its general district election to be held on the same day as the statewide general election, upon approval of the county board of supervisors, as specified. 6) Permits a county or a city to provide for its own governance through the adoption ofa charter by a majority vote ofits electors voting on the question. 7) Permits a city charter to provide for the conduct of city elections. Grants plenary authority, subject to limited restrictions, for a city's charter to provide for the marmer in which andthe method by which municipal officers are elected. 8) Provides that a legally adopted city charter supersedes all laws inconsistent with that charter with respect to municipal affairs. This bill: 1) Prohibits a political subdivision from holding an election other t.1}an on a statewide election date if holding an election on a non-concurrent date has previously resulted in turnout that is at least 25% less than the average voter turnout within that political subdivision for the previous four statewide general elections. Permits a voter who resides,in a political subdivision where a violation of this requirement is alleged to me an action in the superior court in the county in which the political subdivision is located. 2) Permits a political subdivision to continue to hold elections on dates other than statewide election dates after January 1, 2018, notwithstanding the provisions of this bill, if the political subdivision adopts a plan not later than January 1, 2018, to consolidate future elections with the statewide election not later than the November 8, 2022, statewide election.

16 P. 9 SB415 Page 4 3) Requires a court, upon finding a violation of this bill, to implement appropriate remedies, including the imposition of concurrent election dates for future elections and the upgrade of voting equipment or systems to do so. Pennits a court to require a county board of supervisors to approve the consolidation of elections, as specified, when imposing remedies. 4) Permits a prevailing plaintiff party in an action brought pursuant to this bill, other than the state or a political subdivision of the state, to recover reasonable attorney's fees-and litigation expenses, including, but not limited to, expert witness fees and expenses as part of the costs, as specified. Prohibits a prevailing defendant party from recovering any costs unless the court fmds the action to be frivolous, unreasonable, or without foundation. 5) Provides that the provisions of this bill do not apply to special elections. 6) Provides that this bill shall become operative on January 1, Background History of Established Election Dates: In 1973, the Legislature approved and Governor Reagan signed SB 230 (Biddle), Chapter 1146, Statutes of 1973, which created "regular election dates" (which subsequently were renamed "established election dates"). The concept behind having a regular election schedule that governed when most elections would be held was that such a schedule would encourage election consolidations, thereby potentially reducing election costs, and could encourage greater voter participation because voters would become used to voting on these regular election dates. SB 230 created five established election dates in each two-year cycle-three in even-numbered years (in March, June, and November), and two in odd-numbered years (in March and November). One year after established election dates were first created, AB 4180 (Keysor), Chapter 1386, Statutes of 1974, added an additional established election date in May of odd-numbered years. The rationale for adding an established election date was that the eight-month gap between established election dates in March and November of odd-numbered years delayed many special local elections from taking place in a timely manner, including elections to fill vacancies, annexation elections, bond elections, and tax rate elections. Since that time, the exact dates that are established election dates have fluctuated, often moving to reflect changes in the date of the statewide primary election held in even-numbered years, though generally there have been at least three established election dates in each year.

17 P. 10 SB 415 Page 5 Having multiple established election dates in each year, but specifying that many types of elections must be held on an established election date, reflects an attempt to balance the desire to hold most elections on a predictable, regular schedule, while still providing the flexibility to ensure that elections can occur in a timely manner when necessary. On-Cycle vs. Off-Cycle Elections: Although existing law generally requires that regularly scheduled county elections be held at the same time as statewide elections, other local jurisdictions (e.g., cities, schooldistricts, and special districts) have greater flexibility when deciding when to hold regularly scheduled elections that are held to elect governing board members. Elections that are held at the same time as statewide elections are often referred to as "on-cycle" elections, while elections held at other times are often referred to as "off-cycle" elections. The degree to which local governments hold their elections on-cycle or off-cycle varies significantly throughout the state. Roughly 30 percent of the counties in California do not have regularly-scheduled off-cycle elections, because all the local jurisdictions in those counties hold their governing board elections at the same time as statewide elections. In other counties, large numbers of cities, school districts, and special districts hold their governing board elections off-cycle in November of oda-numbered years. A smaller number oflocal jurisdictions hold their regularly scheduled governing board elections on other permitted off-cycle dates. Charter Cities: As noted above, the California Constitution gives cities and counties the ability to adopt charters, which give those jurisdictions greater autonomy over local affairs. Charter cities, in particular, are granted a great deal of autonomy over the rules governing the election of municipal officers. In fact, the Constitution grants "plenary authority," subject to limited restrictions, for a city charter to provide "the manner in which, the method by which, the times at which, and the terms fer which the several municipal officers and employees... shall be elected or appointed." The Constitution further provides that properly adopted city charters "shall supersede all laws inconsistent" with the charter. Los Angeles County and Limitations on Election Consolidations: Existing law requires all state, county, municipal, district, and school district elections that are held on a statewide election date to be consolidated with the statewide election, except that the Los Angeles County Board of Supervisors is allowed to deny a request for consolidation of an election with the statewide election if the voting system used by the county cannot accommodate the additional election. This unique provision allowing Los Angeles County to deny consolidation requests was

18 -~ c--_-_~-_-_- P. 11 SB415 Page 6 created through the passage ofsb 693 (Robbins, Chapter 897, Statutes of1985), in response to attempts by a number of cities in Los Angeles to move their municipal elections to the same day as statewide elections. Los Angeles County sought the ability to deny consolidation requests because its voting system could accommodate only a limited number of contests at each election, and the county was concerned that the move by cities to hold their elections at the same time as the statewide election would exceed the capacity of that voting system. Los Angeles County still uses a variant of the votiog system that it used in 1985, though the county is currently developing a new voting system. One of the principles that the county has articulated to guide the development of its new votiog system is having a system that has "sufficient technical and physical capacity to accommodate... consolidation of elections with local districts and municipalities." That voting system, however, may not be available for use countywide before Some local jurisdictions have already taken steps to move the date of their elections in anticipation of Los Angeles County's new voting system. Earlier this year, voters in the city of Los Angeles and in the Los Angeles Unffied School District approved ballot measures to move those jurisdictions' general elections so that they are held at the same time as statewide elections, beginning in Arguments in support of those measures. indicated that such a timeline would allow local elections to be consolidated with federal and state elections. While this bill will go into effect on January 1,2018, recent amendments taken by the author allow a political subdivision to contioue to hold its elections on dates other than statewide election dates after January 1,2018, notwithstanding the provisions of this bill, if the political subdivision adopts a plan not later than January 1,2018 to consolidate future elections with the statewide election beginning no later than November Based onlos Angeles County's current timeline for deploying its new voting system, these amendments should allow political subdivisions in that county to continue holding off-cycle elections until the county is able to accommodate additional election consolidations. Special Elections: This bill explicitly provides that its provisions do not apply to special elections. As a result, special elections that are conducted by a political subdivision to fill a vacancy on that subdivision's governing board, or to vote on a local ballot measure, will not be required to occur at the same time as statewide elections, even if the turnout at special elections in the jurisdiction regularly is significantly lower than the turnout in that jurisdiction at statewide elections. RelatedIPrior Legislation

19 P. 12 SB415 Page 7 AB 254 CR. Hernandez) requires general law cities, school districts, community college districts, and special districts to hold their general elections and certain special elections at the same time as the statewide primary or statewide general election, or in June or November of odd-numbered years, beginning in AB 254 is currently in Senate Appropriations Committee. FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No SUPPORT: (Verified 8/6/15) California Common Cause Southwest Voter Registration Education Project OPPOSITION: (Verified 8/6115) Desert Water Agency ARGUMENTS IN SUPPORT: According to California Cornmon Cause: One of the greatest barometers for waning civic engagement in American politics is declining voter turnout in federal, state, and municipal elections. There are many potential contributing factors: general cynicism about government and elected officials, a decline in investment in civics education, and an increasingly transient society.. Yet there is one major contnbuting factor to low voter turnout - the timing of elections - that could be addressed with a relatively simple policy change. The Public Policy Institute of California surveyed 350 California cities and found that simply moving an election to be synchronized with the even year state elections can result in a percent boostin voter turnout for municipal and other local elections. SB 415 accomplishes this goal by prohibiting municipalities from holding off-cycle elections if doing so results in a significant (25% or more) decline in voter turnout. ARGUMENTS IN OPPOSITION: Tht) Desert Water Agency (DWA) writes: DWA holds an election for its governing board in November of odd-numbered years. The Agency was asked many years ago by the Riverside County Elections Department to change...its election sched1,l1e due to the large size of the ballot when all elections were consolidated on a statewide election date. The November 2013 election turnout for DWA was 32.32%; the November 2014 statewide turnout for Riverside County was 34.52%. In comparison, voter turnout in Riverside County in the 2012 presidential election was nearly 75%, which would significantly skew the comparative analysis called for by SB 415 (an average of the previous four statewide elections).

20 P. 13 SB415 Page 8 Nevertheless, combining the DW A election with the statewide election would not likely result in greater voter participation... [A] review ofvoter analytics shows that voters are less likely to cast a vote as they move down the ballot, a phenomenon known as "roll-off." While this effect might be due to fatigue, it also might be due to the fact that contest saliency generally decreases with ballot positions. Voter fatigue would likely counteract any benefit of forcing local agencies to change election dates as they would fall to the end of a crowded ballot. ASSEMBLY FLOOR: 45-30, 7/16/15 AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Roger Hernandez, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thunnond, Ting, Weber, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chavez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obemolte, O'Donnell, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Cooley, Gordon, Gray, Mullin, Nazarian Prepared by: Frances TibonEstoista 1 E. & C.A. 1 (916) /13/15 13:52:39 **** END ****

21 P. 14 City of Hawaiian Gardens Voter Turnout at June General Statewide Elections: % % Average Turnout =20% % % City of Hawaiian Gardens Voter Turnout at November General Statewide Elections: % % Average Turnout =47% % %

22 P. 15 City of Hawaiian Gardens Voter Turnout at November General Statewide Elections: % % Average Turnout =47% % % City of Hawaiian Gardens Voter Turnout at last General Municipal Election: % Minimum Voter Turnout to avoid statewide transition: 25%

23 c.o,... c... COUNTY OF LOS ANGELES DEMOCRATIC FINAL OFFICIAL STATEMENT OF VOTES CAST STATEWIDE DIRECT PRIMARY ELECTION REGISTRA- BALLOTS CITY/PREC TION CAST GOVERNOR DEM EDMUND G BROWN HACIENDA HEIGHTS A AV!VBM TOTAL HACIENDA HEIGHTS A AV/VBM TOTAL HACIENDA HEIGHTS A 331 I AV/VBM TOTAL HACIENDA HEIGHTS A AV/VBM TOTAL HACIENDA HEIGHTS * A AV!VBM TOTAL HAWAIIAN GARDENS A AV/VBM '< TOTAL HAWAIIAN GARDENS C AV/VBM TOTAL " HAWAIIAN GARDENS A AV!VBM TOTAL " HAWAIIAN GARDENS A AV/VBM TOTAL " I 50 HAWAIIAN GARDENS A AV!VBM X TOTAL HAWTHORNE A AV!VBM TOTAL HAWTHORNE A AV!VBM TOTAL HAWTHORNE A AV!YBM TOTAL.-, I. 75 I JOE SYMMON PETER SCHURMAN JUNE 8, 2010 PAGE CHARLES PINEDA JR RICHARD W AGUIRRE VIBERT GREENE LOWELL DARLING I ~I

24 r- COUNTY OF LOS ANGELES GENERAL ELECTION NOVEMBEP. 2, 2010 PAGE ~ GOVERNOR a... - FINAL OFFICIAL STATEMENT OF VOTES CAST REGISTRA- BALLOTS CITY/PREC TION CAST LAURA WELLS MEG WHITMAN DALE F OGDEN JERRY BROWN C NIGHTINGALE CARLOS ALVAREZ.. HACIENDA HEIGHTS A AV/VBM TOTAL HACIENDA HEIGHTS A AV/VBM TOTAL HACIENDA HEIGHTS A I AV/VBM TOTAL HACIENDA HEIGHTS C AV/VBM l TOTAL HACIENDA HEIGHTS A AV/VllM TOTAL HACIENDA HEIGHTS * A AV/VBM TOTAL HAWAIIAN.GARDENS A AV/VBM , 2 TOTAL /' HAWAIIAN GARDENS C lsi 9 4 AV/VBM / TOTAL HAWAI IAN GARDENS A AV/VBM I 2 1 TOTAL v HAWAIIAN GARDENS A AV/VBM TOTAL v' HAWAIIAN GARDENS A I AV!\iP,M V TOTAL HAWTHORNE A AV/VBM TOTAL HAWTHORNE A A,(/VBM T01J;'~li

25 1 <Xl COUNTY OF LOS ANGELES PRESIDENTIAL PRIMARY ELECTION JUNE 5, 2012 PAGE ~ DEMOCRATIC PRESIDENTIAL PREFERENCE "- DEM BARACK OBAMA FINAL OFFICIAL STATEMENT OF VOTES CAST REGISTRA- BALLOTS CITY/PREC TION CAST HACIENDA HEIGHTS A AV!VBM I TOTAL HACIENDA HEIGHTS A AV/VBM TOTAL HACIENDA-- HEIGHTS A AV/VBM 0 44 I 33. TOTAL I HACIENDA HEIGHTS A AV/VBM TOTAL HACIENDA HEIGHTS A AV!VBM I TOTAL HACIENDA HEIGHTS A AV/VBM TOTAL HAWAIIAN GARDENS A AV/VBM TOTAL vi HAWAIIAN GARDENS C AV/VBM ~ TOTAL HAWAIIAN- _ GARDENS A I 19. AV!VBM r I TOTAL HAWAIIAN GARDENS A AV/VBM V TOTAL HAWAIIAN GARDENS A 437 I AV/VBM v' I... T-OTAL HAWTHORNE A AV/VBM TOTAL HAWTH():RNE A l;vIVBM I I... TO':pAL-- 61lL _ _-...

26 0'> ~ a..., COUNTY OF LOS ANGELES GENERAL ELECTION NOVEMBER 6, 2012 PAGE FINAL OFFICIAL STATEMENT OF VOTES CAST REGISTRA- BALLOTS CITY/PREC TION CAST PRESIDENT-VICE PRESIDENT BARACK OBAMA JILL STEIN THOMAS HOEFLING MITT ROMNEY GARY JOHNSON ROSEANNE BARR HACIENDA HEIGHTS B AV!VBM TOTAL HACIENDA HEIGHTS A AV/VBM TOTAL HACIENDA.HEIGHTS B AV/VBM TOTAL HACIENDA HEIGHTS A AV!VBM TOTAL HACIENDA HEIGHTS A AV/VBM TOTAL HACIENDA HEIGHTS A AV/VBM TOTAL HACIENDA HEI,GHTS A AV/VBM TOTAL HACIENDA HEIGHTS A AV!VBM TOTAL :tlawaiian GARDENS A AV!VBM TOTAL " HAWAIIAN GARDENS C AV/VBM v TOTAL HAWAIIAN GARDENS A AV/VBM o v: TOTAL HAWAIIAN GARDENS A AV!VBM TOTAL V HAWAIIA~ "G~DENS A 766 I L AV!V:SM.v" I Or TOTAL ,.. 1..

27 COUNTY OF LOS ANGELES - STATEWIDE DIRECT PRIMARY ELECTION PAGE- 83 of N Voter Nominated ~ GOVERNOR FINAL OFFICIAL I $!u,p f! g -'. J STATEMENT OF VOTES CAST t! ~ '" ff (j <!? ~& f? ~,# ~~ REGIST- BALLOTS ~~.It;!}f ~ lij& LOCATION # f?,ii?! /j E (j ~ '" ~ BY PRECINCT Q '" '" ~ <!{ -<-,;,- ~ it $ $ ~ ~ RATION CAST ~ ~ q; os "" <3' ~ ~ <f '" &l!if ~~ f ~ *~I I #7 HACIENDA HEIGIiTS A VOTE BY MAIL TOTAL HACIENDA HEIGHTS A VOTE BY MAIL 0 9B TOTAL HACIENDA HEIGHTS A VOTE BY MAIL B TOTAL B HACIENDA HEIGHTS A VOTE BY MAIL TOTAL HAWAIIAN GARDENS A VOTE BY MAIL TOTAL V f 16 0 f f HAWAIIAN GARDENS C I VOTE BY MAIL v' TOTAL HAWAIIAN GARDENS A VOTE BY MAlL ? I TOTAL v' HAWAIIAN GARDENS A VOTE BY MAIL v' TOTAL I HAWAIIAN GARDENS A f 2 0 VOTE BY MAIL v' TOTAL fo HAWTHORNE A 10f o i VOTE BY MAIL TOTAL HAWTHORNE C' VOTE BY MAIL TOTAL HAWTHORNE A VOTE BY MAIL TOTAL HAWTHORNE A VOTE BY MAIL TOTAL I, '

28 COUNTY OF LOS ANGELES - GENERAL ELECTION 11/ PAGE- 85 of "- Voter Nominated GOVERNOR a.,p 0 FINAL OFFICIAL ~ STATEMENT OF VOTES CAST BY PRECINCT '" '" ~ ~ REGIST- BALLOTS LOCATION ~ i;j RATION CAST til!fi HACIENDA HEIGHTS A VOTE BY MAIL TOTAL HACIENDA HEIGHTS A VOTE BY MAIL TOTAL HACIENDA HEIGHTS A VOTE BY MAIL TOTAL 11B HACIENDA HEIGHTS A BO ff VOTE BY MAIL TOTAL HACIENDA HEIGHTS A VOTE BY MAIL TOTAL HAWAIIAN GARDENS A VOTE BY MAIL B TOTAL,/ HAWAIIAN GARDENS A B , VOTE BY MAIL ," TOTAL HAWAIIAN GARDENS A VOTE BY MAIL I 0 B / TOTAL HAWAIIAN GARDENS A VOTE BY MAIL v' TOTAL I i HAWTHORNE A VOTE BY MAIL TOTAL I HAWTHORNE C' I VOTE BY MAIL TOTAL HAWTHORNE SA VOTE BY MAIL TOTAL HAWTHORNE A VOTE BY MAIL TOTAL

29 '" a.. COUNTY OF LOS ANGELES Democratic FINAL OFFICIAL STATEMENT OF VOTES CAST BY PRECINCT LOCATION HACIENDA HEIGHTS A VOTE BY MAIL TOTAL HACIENDA HEIGflTS A VOTE BY MAIL TOTAL HACIENDA HEIGHTS A VOTE BY MAIL TOTAL HACIENDA HEIGflTS A VOTE BY MAIL TOTAL HAWAIIAN GlARDENS A VOTE BY MAIL TOTAL HAWAIIAN GARDENS A VOTE BY MAIL TOTAL HAWAIIAN GARDENS A VOTE BY MAIL TOTAL HAWAIIAN GARDENS A VOTE BY MAIL TOTAL HAWTHORNE A VOTE BY MAIL TOTAL HAWTHORNE C" VOTE BY MAIL TOTAL HAWTHORNE A VOTE BY MAIL TOTAL HAWTHORNE A VOTE BY MAIL TOTAL HAWTHORNE A VOTE BY MAIL TOTAL PRESIDENTIAL PRIMARY ELECTION REGIST RATION BALLOTS CAST SERIAL SERIAL SERIAL 0992 a SERIAL 0993 a SERIAL 0994 a 115 v SERIAL v SERIAL '" SERIAL v SERIAL SERIAL SERIAL SERIAL 1000 a SERIAL PRESIDENTIAL PREFERENCE DEM 1? & tf & s ;::; ~ jj IS ~<f? ~ # ~ '6 <:j '" ",0 "J JP ji fi ~ ~!!:; [:j& &~.:r '" ~ it ii:;-!lj # &,g; ~ ~ '" « a a 72 a a a a 1 77 a a 93 a 1 a 32 0 a 55 a a 148 a a a 1 31 a 0 51 a a a a a 77 a 0 91 a a a 24 a a 50 a a a 141 a 1 a 82 a 2 82 a a a a I? ~~ a a a 1 ) a a a 41 a a a a 1 a 127 a a a a a a a 0 a a a a a a a a a a 199 a a a 66 a a a /07/ PAGE 79 of 9155 I I